My detached garage has fallen into disrepair and is full of junk. I'd like to either remodel it or replace it with a prefabricated tiny house on wheels. In either case, I want to rent the new space to a residential tenant. Which would be better?
Which is better will largely depend on the health of the local real estate market (including the rental market), construction costs (if you remodel), purchase price (if buying a tiny house), and what return on investment (ROI) you can expect. Additionally, local zoning ordinances and building codes govern what type of building is permitted.
Some benefits of remodeling the garage include:
Some benefits of demolishing the garage and buying a prefab tiny house include:
First, confirm what uses are lawful in your area. If you don't, you might find after you've started the project that either your garage conversion or the tiny house is illegal.
Review the building code and zoning ordinance, talk to staff in the local planning department, and if you have questions, talk to a land use or real estate attorney. A local real estate expert can help you understand what type of living space will be most popular with tenants as well as the rental rates you'll be able to charge.
I dream of owning a second home. To make that affordable, I'd like to place a tiny house on a vacant lot; preferably one that's on wheels. Is it legal to put this on on a vacant lot?
The first issue is whether the applicable zoning ordinance permits your desired use. Zoning ordinances control how land can be used. For example, a part of your town might be dedicated to residential uses, while another area could be only for commercial uses.
Zoning ordinances often make it difficult to get approval for tiny houses, especially since those on wheels might be considered "recreational vehicles.” The restrictions vary from place to place, but the more common ones include:
Due to these restrictions, tiny houses are often not lawful for residential purposes (even if they're just temporary). However, it's not uncommon for camping to be permitted on residential property. If you'll be using the tiny house as a second home, it might be considered “camping.”
Given the number of restrictions you might encounter, it's important to find out whether the applicable zoning ordinance permits your tiny house on wheels before spending money on your tiny house. In many locations, the planning department will be able to help you answer this.
If the local zoning rules permit a tiny house on wheels for your intended use, you'll also need to inquire what safety standards apply to the structure. (See Do I Need a Building Permit to Construct a Tiny House in My Backyard?)
For single-family houses, those safety standards are in the local building code. Your tiny house, since it's on wheels, might have to meet safety standards used for RVs. Or, because tiny houses are relatively new to the planning world, other safety standards might be imposed.
Some of the informational websites relating to tiny houses encourage people to ignore local building codes and zoning ordinances. Doing so is risky. A cranky neighbor or inquisitive code enforcer could file a complaint or initiate a code enforcement proceeding. You could find yourself paying a large fine and removing your tiny house from your property. If inclined to forgo the permitting process, talk to an attorney to make sure you fully understand the risks.
If you haven't already purchased a vacant lot, shop around to find a location that will allow a tiny house. From city to city, and county to county, the rules regarding tiny houses vary.
Last year, we placed a tiny house in our backyard. We rent it out occasionally as a vacation rental. Last week, we got a letter from the local code enforcement department telling us the tiny house cannot be used as a rental. We need the income. What do we do?
Use of tiny houses for residential purposes hasn't gained widespread acceptance among zoning and building authorities. Many codes require houses used for residential purposes, including rentals, to be a minimum size (for example, 900 square feet). In many areas, tiny houses are not permitted for use as a residence at all.
That said, tiny-house owners shouldn't give up without looking at all options.
Code enforcement officers typically initiate investigation of unlawful uses on private property after private citizens file a complaint. They usually follow up by sending a notice of violation letter to the property owner.
The letter usually provides instructions to the owner on what must be done, as well as information about deadlines (and what happens if you don't meet them). As you review the letter, take note of:
These letters sometimes instruct the property owner to contact the code enforcement officer. This is a good opportunity to explain any inaccuracies and provide additional information. The officer will likely want to schedule a visit to your property. Before responding to or letting the officer on your property, however, it might be helpful to contact a local land use attorney.
If you talk to the code enforcement officer, don't allow yourself to get mad. They're simply doing their job by responding to a complaint. A good officer will make no judgment on whether you're in violation until after investigating.
If it looks like your tiny house is indeed unlawful, you're not out of luck just yet. Consider seeking an amendment to the code allowing tiny houses to lawfully be used as vacation rentals. Amending a land use code can be expensive and time-consuming, but if your local jurisdiction feels enough public pressure, it might willingly make the change. It can be helpful to work with other tiny house owners who want to see the same change.
Another option is to see whether your area offers community mediation for code enforcement actions. If so, you might be able to sit down with the person who filed the complaint to try for a reasonable resolution. Perhaps the person just wants assurances that the renter in your tiny house won't be blaring music late at night.
After we placed a tiny house in our backyard to use as a mother-in-law suite, we learned that such use is not legal, due to a minimum 300-square-feet requirement. Our tiny house isn't that big. We don't want to move or sell the tiny house. Can we use it as an art studio, home office, or something similar?
A good place to start is with the applicable zoning ordinance (also sometimes called a “development code”). It consists of two parts: a zoning map and land use regulations. The map shows how property is zoned throughout the city or county, while the regulations control the allowable uses in each zone. Both can usually be found online.
Identify the zoning district that your property is located in on the map, which will hopefully be color coded. Or, contact the local planning department to inquire how your property is zoned.
Determine what uses are allowed in your zone by looking at the land use regulations. For example, in a high density residential zone, you might find that single-family dwellings, accessory dwelling units, multi-family dwellings, and home occupations are allowable uses.
Some uses might not be permitted outright outright, but potentially as a “conditional” or “special” use. So, in a low density residential zone, single family residences might be permitted outright, while accessory buildings and home occupations might be permitted only as conditional uses. Special uses and and conditional uses normally require a more burdensome application process and, if approved, certain conditions can be imposed. For example, you might have to add on-site parking.
In many locations, tiny houses don't meet the minimum requirements for a structure to qualify as a dwelling. One option is to consider whether a home office or art studio could qualify as an “accessory use” (or similarly defined use).
The definition of “accessory use” varies from place to place, but it is usually something like: “Accessory uses and structures are those of a nature customarily incidental and subordinate to the principal use or structure on the same lot. Typical accessory structures include detached garages, sheds, workshops, green houses and similar structures not intended for habitation by people.”
Even if it looks like your desired use could be allowed, the process is not over; you might still need to get a land use permit for the specific use. Through the permitting process, the local jurisdiction may impose setback and other physical restrictions on the placement of structures. For example, the tiny house might need to be located ten feet from property lines and be no taller than 20 feet.
Land use regulations are rarely crystal clear. If you cannot discern whether an office or art studio is lawful on your property, don't hesitate to ask the local planning department. If it is not, ask what uses are permitted. Perhaps something similar is allowed. A land use attorney can also help you sift through what uses are permitted, and help address questions or concerns you have about your tiny house.
The rental market in my area is hot, and I own a house with enough land around it to build a tiny house as an accessory dwelling unit ("ADU"). Would this be a good investment?
The value a tiny-house ADU could add to a given piece of property is hard to calculate. You might not know the return on investment until you sell the property, which could be years away. It's also going to depend heavily on your financial situation and goals. Questions to consider include:
1. Is the ADU lawful on your property? If not, an appraiser is unlikely to assign it any value. That's a potential problem if you ever need to refinance or sell, because lenders will not lend money if the underlying collateral isn't legal. Also, if you build an ADU unlawfully, you will have to worry about a code enforcement action that results in you paying a fine and/or removing the ADU. The local zoning ordinance will provide guidance on whether an ADU is lawful, or consult a land use attorney.
2. If an ADU is lawful, is building one feasible on your property? Check the zoning ordinance regarding what the local government will require before issuing a permit. Will you have to provide additional on-site parking? Will setback rules restrict where a detached ADU can be located? Is an attached ADU permitted, but not a detached ADU? If the zoning ordinance includes restrictions preventing you from building an ADU, you might need to seek a "variance." However, these add cost and complexity to a land use application, and aren't always granted.
3. How much will building the ADU cost? Once you have an idea of the project's scope, get bids from several reputable general contractors with experience building tiny-house ADUs. Also realize that you will have to pay for building and land use permits and design (architecture), and possibly financing expenses. You might also have to pay for professional services from an engineer, surveyor, or attorney.
4. How will you finance construction? If you have the cash on hand, you are one step ahead. Or if you have equity in your property, you might be able to refinance and pull cash out to cover the construction expenses. If you do not have equity in your property, but have steady income from a job or other source, you might qualify for a renovation loan. Do your research to see which lender offers the best option. Taking out a loan to finance ADU construction will add to your cost, since you'll have to pay lending fees and interest. Talk with your lender so as to better estimate your financing cost.
5. What are the rental rates for similar tiny-house ADUs? Answering this will help you estimate your monthly cash flow and calculate whether you will be able to cover any financing costs and otherwise meet your financial goals. Finding reliable data on rental rates can be a challenge. Some real estate agents who specialize in investment properties are familiar with residential rental rates. You also can research websites of local property managers.
6. Will there be tax consequences? The ADU might impact your property tax bill and you might have to pay rent on any rental income received. Talking to a tax professional can help you fully understand these tax consequences.
It's worth talking to a financial adviser about whether an ADU is a good investment in light of your short-term and long-term financial goals. It's also a good idea to talk to a land use attorney about whether a tiny-house ADU is lawful in your neighborhood and the procedures for having one approved.
]]>The terms "mobile home," "manufactured home," and "modular home" are frequently used interchangeably, but these housing types are different.
In 1974, Congress passed the Mobile Home Construction and Safety Standards Act (the Act), which directed the U.S. Department of Housing and Urban Development (HUD) to put forth federal construction standards for mobile homes. Before the Act, mobile homes were built with little uniformity regarding construction or safety standards.
All mobile home units constructed after the effective date of the HUD standards (June 16, 1976) must have a HUD label certifying that the home has been inspected and constructed in compliance with the Act. On October 8, 1980, Congress enacted public law 96-399, which officially changed the name of this type of home from “mobile home” to “manufactured home.”
The term “manufactured home” typically means a unit constructed under the HUD construction and safety standards, whereas a “mobile home” refers to homes built before June 15, 1976, when the federal standards took effect.
A manufactured home is structurally complete when it leaves the factory and is transported in one or more sections. Manufactured homes are constructed on a permanent chassis with a tongue, axles, and wheels for transport.
Modular homes, on the other hand, are constructed to the same state, local, or regional building codes as site-built homes. Sections of a modular home are transported to the building site on truck beds and then connected by local contractors.
Initially, a manufactured home is considered personal property, like an automobile. In most states, parties convey ownership of manufactured homes by a certificate of title, with security interests noted on the title. In states that don't use a certificate of title, a security interest in a manufactured home is perfected (made) through a UCC filing.
Although a manufactured home is considered personal property initially, a homeowner can usually take steps to change the classification from personal property to real property.
Many states have statutes that provide procedures for converting a manufactured home to real property, while a few states have statutes that specify whether a manufactured home is considered personal property or real estate in credit transactions. Other states have a statutory scheme that establishes criteria for taxing the home as real property, and certain other states have no statute on the topic.
Generally, a manufactured home must be permanently affixed to the land to be classified as real property. In some states, a manufactured home can be converted to real property if it is permanently affixed to leased land, while other states require that the manufactured home owner also own the land. (Sometimes manufactured home owners own the land on which the home is situated, but in other cases, the manufactured home might be located on rented land or a leased space in a manufactured home park.)
Typically, the requirements for a manufactured home to become real property include:
Manufactured homes that aren't permanently affixed to the land or where proper procedures haven't been followed to convert the manufactured home to real property remain classified as personal property.
If the borrower defaults on loan payments for a manufactured home, the creditor can repossess or foreclose the home. How the creditor does this depends on whether the home is classified as personal or real property.
Generally, the creditor repossesses the home if the home is personal property. If the manufactured home is officially considered part of the real property, the creditor forecloses on the manufactured home.
However, if a manufactured home is wrapped up with the land as collateral for the loan, the lender will likely foreclose—even if the manufactured home is still classified as personal property.
If the manufactured home is considered personal property, the creditor can repossess it, most likely using a replevin process.
To repossess a manufactured home, creditors often use a judicial process called "replevin." A replevin is similar to a judicial foreclosure in that a creditor files a lawsuit in court and asks the court to grant an order for repossession.
With "self-help repossession," the creditor retakes possession without judicial process, like when a repossession agent comes and takes a car away. This process is available in most states but is not especially practical for manufactured homes. It would be difficult, if not impossible, to take the home without breaching the peace (a requirement for self-help repossession) or taking the borrower’s other belongings, like furniture or other personal property located in the home.
Moreover, a few states prohibit self-help repossession for manufactured homes.
If a manufactured home is part of the real property, then the home is treated as real estate, and the lender must use state foreclosure procedures.
In states that don't use a certificate of title, the security interest in the manufactured home is typically perfected through a UCC filing. Then, the manufactured home is considered a fixture.
If you own the land your home rests on and have a mortgage on that land, but you don’t complete all the steps to convert the manufactured home to real property, things can get complicated if you then default on your payments for the land loan.
If the manufactured home sits on land you own, the home might be considered a fixture if it has been permanently affixed to the land. In this type of situation, any mortgage on the land might potentially cover the manufactured home, too, if the mortgage includes improvements. If this is the case, you can't remove the manufactured home from the property (and you will lose it along with the land) if you stop making payments on the land.
Example. Let’s say you first acquired the land by taking out a mortgage. You later buy the manufactured home outright and permanently attach it to the land. Your mortgage states that the land, as well as all improvements now or later erected on the property and any fixtures, act as security for the debt. As a result, the mortgage on the land also covers the manufactured home. You, therefore, can't simply move the manufactured home to another location if the lender forecloses because you stopped making payments on the mortgaged land.
Generally, whether a manufactured home is a fixture is a question of fact. For instance, if the tongue, axles, and wheels have been removed and the home is permanently affixed to the ground, it will probably be considered a fixture.
If your home is classified as personal property and not a fixture, then if you default on payments for a land mortgage, the land will be foreclosed, and you can move your manufactured home to a new location.
Job loss, medical expenses, or other financial hardship can lead a person to default on a loan covering a manufactured home, leading to a repossession or foreclosure.
Manufactured home owners have legal rights when facing foreclosure and repossession, similar to stick-built home owners. Some of these rights include various rights during a foreclosure or repossession, such as the right to receive notice of the action, various legal protections during the process, and the opportunity to negotiate with the lender to avoid losing the home.
To learn more about the rights, process, and timeline that applies to your situation, talk to a local lawyer.
The options for manufactured home owners facing foreclosure and repossession are similar to those available to traditional home owners. A few of your options might include a:
With a forbearance agreement, the lender agrees to reduce or suspend your loan payments for a specific amount of time. In exchange, you must resume making your payments at the end of the forbearance period. You'll also have to make up the missed amounts.
If you’ve missed some of your loan payments due to a temporary hardship, a repayment plan will spread the past-due amount over time, typically three to six months. You'll pay a portion of the overdue amount along with your regular payment amount each month. At the end of the repayment period, you will be current on your payments, and you'll resume paying the normal monthly payment amount.
A "loan modification" is a permanent restructuring of the loan where one or more of the terms are changed to provide a more affordable payment.
A "short sale" occurs when the lender permits the homeowner to sell the home for an amount that falls short of the amount owed. (With a regular sale, you sell the home for at least enough to cover the debt.)
A "deed in lieu of foreclosure" is a transaction where the homeowner voluntarily transfers the property's title to the lender in exchange for a release from the loan obligation.
Some consequences of losing your manufactured home to foreclosure or repossession include the loss of the home, damage to your credit, and difficulty getting new credit.
To rebuild your credit after a foreclosure or repossession, pay your bills on time and dispute errors on your credit reports. You can also take other steps like getting a secured credit card and paying down certain debts to lower your credit utilization ratio.
For more information about manufactured housing, go to HUD.gov and enter "manufactured home" in the home page search box to find a list of relevant links.
If you need specific information about your circumstances, consider talking to an attorney in your state.
]]>Manufactured homes, formerly called "mobile homes," are constructed on a permanent chassis, with a tongue, axles, and wheels that are transported to a residential site in one or more sections.
Here's what happens if you fall behind on mortgage or land lease payments for a manufactured home.
A manufactured home may be assessed as real or personal property and can be foreclosed (or repossessed) if you have a loan on the home itself and you stop making the payments.
If the manufactured home is on land owned by a third party, you probably lease or rent the land. If you stop making the payments for the land, you can be evicted and might have to relocate the manufactured home.
Manufactured home owners generally must move their home off the land following an eviction.
But once a manufactured home has been deposited in a park and hooked up to electricity, sewer, and water, it can be quite difficult to relocate the home. In fact, moving the home might cause permanent damage to the structure.
So, some states strictly regulate manufactured home parks to protect manufactured home owners from eviction.
Manufactured home parks generally can't evict a resident for no cause. For example, certain states provide that a manufactured home owner who rents a space or site in a licensed manufactured home park can only be evicted for “just cause” such as:
Generally, the park owner has to file an action in court to evict you. Some states have a procedure similar to regular landlord and tenant actions, while others have particular laws that address manufactured home park evictions. Some laws might even permit the park owner to seize your home.
Residents' rights in manufactured home parks usually differ from those of manufactured home owners who don't live in a park. Also, laws vary from state to state.
Check with a local attorney in your state if you have concerns about being evicted from a manufactured home park or another site. You might also be able to get information from a manufactured home park tenants’ association or a manufactured home owners’ association.
Once you fall behind in rent payments, the land owner will typically have to send you a written eviction notice, sometimes called a "Notice of Termination of Tenancy" or a "Notice to Quit," that begins the eviction process. Next, the owner usually must file a lawsuit asking the court to order you to remove the home from the site and leave.
Then, you have a specific number of days to respond to the suit. If you don't file an answer, the court will grant a default judgment in favor of the owner, and you'll have to move the home.
Even if you respond to the lawsuit, the court might still decide in favor of the land owner and order you to leave the site taking the home with you. (If you're a tenant renting both the space and the manufactured home, generally, you'll be treated in the same manner as an apartment tenant in an eviction. To learn how that works, visit our Renters' and Tenants' Rights area.)
Small mom-and-pop business owners operate many of the country’s manufactured home parks, while large corporations own others. Either of these third parties may implement excessive rent increases or fees from residents to generate profits.
To avoid rent and fee increases, a growing trend is for residents to come together to purchase the manufactured home park in which they reside. They then own shares of the community. This arrangement is often referred to as a "resident-owned community."
The residents form a board of directors, which determines the bylaws for how the park will operate as a cooperative. After the park becomes a co-op, any new person moving into the park is normally required to become a member.
Resident-owned communities are becoming more popular because they protect residents from many downsides of renting from a park owner. For instance, the community members, rather than a third-party park owner, decide matters like rent escalations.
Also, sometimes third-party park owners choose to sell the park's land to developers to make way for expanding commercial development or other growth, forcing residents to move. When residents own the community, there's little risk of this event occurring.
For general information regarding manufactured homes, go to HUD’s website and enter "manufactured home" in the search box to find a list of relevant links.
If you lease or rent a space in a manufactured home community and have questions about your legal rights, consider talking to a lawyer.
]]>I want to put a tiny house on rural land in Florida to use as a second home. In case I ever want to move the tiny house or sell it, I would prefer to have a tiny house on wheels. Are tiny houses on wheels legal in Florida? If so, can I buy any rural lot I like and put my tiny house on it, or will local rules limit my property rights?
In Florida, whether a tiny house on wheels (“THOW”) is lawful on any given piece of land will depend on the laws and regulations of both state and local government. Zoning and land use regulations vary by location, so what rural lot you choose to place your THOW on does matter. In fact, what is legal on one lot might not be legal on a neighboring lot.
You will need to complete site-specific research before buying your Florida property. Hiring local experts, like a tiny house builder and a land use attorney, may be helpful.
With tiny houses, it's critical to complete a thorough inspection of any prospective property before you close on the sale. In your case, you want to make sure that a THOW, when used as a seasonal second home in Florida, is legal. To afford buyers time to make such determinations, most real estate sale agreements give them time to complete due diligence.
How much time and money a buyer spends on due diligence will depend in large part on the value of the subject property and how important being able to use the land in a specific way (such as for a seasonal dwelling) is to the buyer. If planning to put a THOW to use as a second home, your due diligence should include, at a minimum:
Additional due diligence on your part might be prudent, such as a building inspection if there is an existing structure on the land or an environmental assessment if there was prior commercial or industrial use there.
An experienced Florida real estate agent can help make sure your due diligence is thorough and, when necessary, refer you to local experts such as surveyors, builders, and attorneys. You do not want to buy land only to find out you cannot put your THOW on it like you'd planned, so do a careful job with your due diligence.
Land use and zoning regulations control how land can be used and developed. In Florida, local governments, including cities and counties, are required to regulate land use (Fla. Stat. § 163.3167(1)). These regulations are found in city and county land use development codes (also known as zoning ordinances or zoning codes).
Since rural land is most often located outside city limits, it is most likely you will be reviewing county regulations. To preserve farmland, some rural lands are more strictly regulated than others.
In Martin County, Florida, for instance, residential uses are allowed only on land zoned for agricultural use if certain conditions are met, including density requirements. For land zoned General Agricultural (AG-20A) in Martin County, the minimum lot size is 20 acres.
As you review the zoning code and map, look for:
In Florida, like in most states, you might find that your THOW falls into a gray area of the law. It’s possible that using a THOW as a second home or cabin will qualify as “camping” or similar recreational use.
If it's on wheels and considered a recreational vehicle, you'll need to register it with the Florida Department of Motor Vehicles and pay a fee.
Given the risk of hurricanes in Florida, however, you might encounter a requirement that your THOW be permanently affixed to the ground. For instance, in Sarasota County, a THOW (if it qualifies as a park trailer) kept in an RV park for more than 45 days must be placed on a permanent foundation.
Like a tiny house on a foundation that must comply with the local building code, tiny houses on wheels in Florida must meet certain safety standards.
For example, if you buy a new park model recreation vehicle to use as your THOW, it must comply with American National Safety Institute standard 119.2. (Fla. Stat. § 320.8231(1).) It must be built to a structural engineer’s approved plans and you must provide a detailed description of the construction of the THOW (including the location of studs, joists, rafters, and engineered connectors).
Check with your local government before buying or building your THOW to make sure it will comply with all safety standards that apply.
If you fail to get the necessary land use and building permits you could be taking a big risk. If a nosy neighbor turns you in or a curious code enforcer becomes concerned about your THOW, you could be fined if you do not have the necessary permits. You might also have to remove the THOW, which will be a big deal if you have already permanently attached it to a foundation.
A Florida land use attorney can help you identify all applicable laws and determine whether your tiny house will be lawful.
]]>I own a vacant lot in rural Texas. It is ideal for a small hunting cabin. Does the law in Texas allow me to build a tiny house and put it on my land? Does it matter whether I build it on a permanent foundation as opposed to bringing in a trailer with wheels?
In comparison to most other states, it is relatively easy to place a tiny house on rural land in Texas. This is due in large part to the fact that counties in Texas tend not to have the authority to enforce zoning regulations.
That said, there are still regulations you must comply with when building a tiny house in Texas. Since every county and every parcel of land is different, you need to do some site-specific research to make sure your tiny house is lawful on your lot.
Rural parts of Texas typically fall under the control of the local county, not a city. This is important because land that is outside city limits or an extraterritorial jurisdiction will typically not be subject to zoning.
Unlike cities, counties in Texas have limited zoning authority. There are some exceptions to that rule. For example, counties in certain special use areas, such as Padre Island (Cameron and Willacy counties) or Lake Granbury and the Brazos River (Hood County), have special zoning authority. (See Tex. Loc. Gov. Code § 231.)
Generally, though, a Texas county's authority to regulate land development is limited to indirect controls through subdivision regulations, transportation standards, and regulation of water supply, wastewater treatment, and stormwater. In some areas, there may also be wildlife protections that apply to habitat conservation plans. (See Tex. Parks & Wild. Code § 83.)
Most Texas counties will not expressly prohibit tiny houses. However, the house owner will still need to comply with other regulations that indirectly impact land use.
For example, transportation standards may require an access permit and may impose setbacks from nearby public roads to make sure your use does not interfere with any existing right of way. Similarly, any installed septic system will (or other wastewater treatment system), will need to comply with county rules.
A good first step is to contact the local planning or permit department to inquire about what, if any, development permits you will need. And if you are in a special use area with zoning, you will need to review the applicable zoning ordinance to determine what uses are legal on your lot and what development standards apply.
In addition to any zoning regulations (whether applied directly or indirectly), a tiny house may also be subject to building and safety standards. A tiny house on wheels that meets the definition of a park trailer (recreational, seasonal, or temporary use, and less than 400 square feet) must be titled as a house trailer.
Additionally, a tiny house that is certified by the American National Safety Institute ("ANSI") to meet standard A119.5 is exempt from personal property tax. This creates an incentive for owners to make sure a tiny house on wheels at least meets ANSI safety standards. If you plan to buy your tiny house on wheels prebuilt, it is common for manufacturers to make these ANSI compliant, but double check. If you construct your tiny house on wheels yourself and cannot show it is ANSI certified, you may not qualify for that tax exemption. If this tax exemption is important to you, talk to a tax expert before buying or building a tiny house on wheels.
A tiny house built on a foundation will likely be taxed as part of the real property it is on. Also, Texas counties have the ability to require new residential structures to comply with the local building code (although not all do). If your tiny house meets the definition of a new residential structure, you may have to get a building permit and comply with the building code. This will mean, among other requirements, that the tiny house meets minimum room size requirements, its electrical components are up to code, and the plumbing fixtures are installed correctly. This can add expense to the construction project.
Before deciding on whether to build a tiny house on wheels on a foundation, talk to the local permitting authority about what exactly is allowed on your property and what expenses may apply. When deciding whether to build on a trailer with wheels or a foundation, also consider other important factors, such as whether your property is in tornado country (a permanent foundation may be best), and whether your will ever want to relocate the tiny house.
Although much of rural Texas may be accepting of tiny houses (perhaps by default due to a lack of zoning regulations), it is important to comply with all applicable laws. Counties in Texas can enforce applicable regulations. If, for example, you build a tiny house on a foundation and install a septic system without regard to setbacks from a public highway or septic system rules, you may be forced to move the tiny house and septic system. That will likely be expensive.
Hiring a Texas land use attorney to help you identify land use issues and comply with all applicable laws would be a sound investment.
]]>I live in New York state and own a house in a residential area. The rental market is good right now, so I would like to build a tiny house in my backyard to generate some rental income. My plan is to build it on a foundation. Is this legal in the state of New York?
New York certainly doesn't rule out the possibility of building tiny houses. In fact, it has adopted something called "Appendix Q," within its Residential Code, which sets forth building rules for houses that are 400 square feet or less. Among its rules are that a tiny house must not be less than five feet long or wide, and must have code-compliant stairs or ladders, handrails, and emergency exits.
The adoption of Appendix Q doesn't guarantee that you'll be able to build a tiny house where you live, however. In New York, zoning regulations vary between cities, towns, and villages, and that's the first place you'll need to look. (The good news is that, in the absence of other building restrictions, Appendix Q will govern your project instead of some possibly archaic set of regulations written mainly for regular homes.)
What it comes down to is that the answer to your question will depend largely on where you live and the characteristics of your property. To determine whether a tiny house is lawful on your lot, or how to make it so, you will need to review local zoning and land use regulations. This article will provide you some background information to help you start that research.
In New York as in most states, land use regulations control how land can be developed. These regulations are often codified by local governments in “zoning ordinances” or “development codes.” In Buffalo, for example, the city has adopted the “Unified Development Ordinance.”
In addition to zoning, development codes often bring together rules regarding site development, subdivision, and transportation.
As a first step, find out or confirm exactly how your property is zoned. For example, your property might be in a “single-family residential” or “light industrial” zone. Your local development code will have a zoning map that locates the different zoning districts throughout the city. If you are unsure how your property is zoned, the local planning department should help you.
Different land uses and development standards apply in different zones. So, once you know how your property is zoned, you will need to figure out what uses are allowed on it. Where you plan to use the tiny house in your backyard as a second dwelling, you will want to review the code provisions that relate to your zone (and any applicable overlay district) to see whether an “accessory dwelling unit,” “carriage house” or similar detached dwelling is, in fact, legal on your property.
Land use ordinances in New York include development standards that guide development in each zone. Development standards often include requirements that relate to:
Some of these standards can complicate plans to construct a tiny house as a dwelling. For instance, if your backyard is small, you might not be able to comply with setback requirements or lot coverage requirements. Similarly, if your entire lot is small, finding room for any required off-street parking might not be possible.
In Buffalo, for instance, ancillary dwellings are referred to as “carriage houses.” In many of Buffalo's residential zones, carriage houses are lawful. Among other development standards, these structures must be built ten feet from the principal residence, be no more than two or three stories (depending on the zone), and be no more than 1,000 square feet. (Buffalo UDO § 3.2.3.)
You should also review any private land use restrictions that may apply to your property. As an example, Covenants, Conditions, and Restrictions (CC&Rs) control the development of property in many subdivisions or communities. It is common for subdivisions to have stricter development standards than local governments. If applicable, review any CC&Rs and other development restrictions carefully to see whether tiny houses are allowed in your community.
Land use regulations can be difficult to understand if you are new to reading them. Talking to a New York land use attorney about your case will ensure that you receive advice based on the applicable zoning ordinance for your property. Failure to comply with all applicable laws could lead to a code enforcement action and a fine, so following the rules is important.
You'll also likely want to get advice from a construction contractor familiar with tiny houses and state and local building codes, so as to help ensure that you design and construct a lawful tiny house.
]]>I live in Florida and want to put a tiny house in my backyard. Eventually, I plan to use it as a residential rental, but for now, while my children are living at home, it sounds fun to use it as a playroom or art studio. I am unsure what laws apply in Florida. Under Florida law, is it legal to put a tiny house in my backyard?
Florida is a relatively friendly state when it comes to the legality of tiny houses. For one thing, it has adopted something called "Appendix Q" within its Building Code. This sets forth basic rules for constructing houses that are 400 square feet or less. For example, it sets out required measurements for stair risers handrails, and landings, and gives instructions regarding emergency exits.
Appendix Q does not, however, say whether you're allowed to build a tiny house in a particular location in the first place. For that, you will need to check local zoning regulations, which vary between cities, towns, and villages. Not all are amenable to tiny houses; while some communities see them as a means to tackle affordable housing concerns, others see risks, including safety concerns.
Whether Florida law allows a tiny house in your backyard depends on several factors, including
This answer provides basic information to help start your research. To fully understand how zoning regulations and building codes will impact your tiny house plans, you need to carefully review the applicable zoning ordinance, talk to staff at your local planning department, and maybe talk to a Florida land use attorney.
Different uses of land will be subject to different rules. A dwelling, for example, (even a small one) will be subject to different regulations than a greenhouse. For this reason, it might help you to identify what you plan to use your tiny house for.
If you elect to use yours for something that involves lower regulatory standards, such as an art studio, but then later decide to use it for residential purposes, you will likely need to apply for a change of use with your local planning department. Through that process, your local government will confirm that the tiny house meets the higher safety standards (see below) it imposes for residential use.
To figure out what uses are legally allowed in your backyard, a good place to start is with the local zoning code. Some communities call this document a “land development code” (as it is in Orlando). Zoning plays an important role in how an owner's land can be used.
Zoning codes include two components: the text and the zoning map. The map will help you identify what zoning district your property is in. You can also contact the local planning department to identify the correct zoning district. The text in the zoning code will spell out what uses are allowed in each district. In a typical single-family residential zone, single-family residential uses will be allowed, but industrial uses will not.
The zoning code will also include development standards, like setbacks (how close to front, rear, and side property lines a structure can be) and minimum lot size requirements (the minimum size the underlying lot can be). For example, in a typical single-family residential (R-2) zone, a lot might be subject to a minimum total size of 9,000 square feet, front and rear yard setbacks of 25 feet, and side yard setbacks of 7.5 feet.
When researching the appropriate rules, keep your eyes open for terms like “tiny house” and “accessory dwelling unit” (“ADU”).
Your question does not indicate whether you will build on a foundation or on wheels. Tiny houses are treated differently depending on whether they are built on a foundation or on wheels. While a tiny house built on a foundation might qualify as an ADU for permanent dwelling, a tiny house on wheels will likely be treated as a recreational vehicle ("RV"). Except in some RV and mobile home parks, typically counties and cities prohibit use of RVs for permanent residential use.
A tiny house built on a permanent foundation will be subject to the applicable building code. In the absence of other building restrictions, Appendix Q will govern your project design.
A tiny house on wheels placed in a backyard will most likely be treated as an RV. Thus it will need to comply with safety standards imposed on RVs. It is common for the American National Standards Institute ("ANSI") rules for park trailers to apply. Also be aware, the Florida Department of Motor Vehicles might require you to register and license your tiny house on wheels, since it will be built on a trailer.
If you plan to build your tiny house yourself, be sure to talk to the planning and building departments before you begin construction. If you are building on a trailer, you should also talk to the DMV. At some point, you might have to prove that your tiny house meets all applicable building and safety standards. The last thing you will want to do is tear your new tiny house apart to show you installed the right electrical and plumbing components.
Some tiny house owners skip the land-use permitting process and just put the tiny house on their property. Or they might find loopholes in the process that they can jump through.
If you fail to get the necessary approvals up front, however, you might face fines and a code enforcement action later. Before taking shortcuts, or skipping the permitting process entirely, talk to a land use attorney licensed in Florida to help make sure your tiny house is lawful.
If your community does not allow tiny houses or ADUs, you can ask your attorney about the process for amending the zoning code. The process might be costly and time-consuming, but if there is enough political pressure, your local leaders might be willing to change your community's land use regulations to allow tiny houses.
]]>I own a house in Colorado. My backyard is large enough for a tiny house on wheels. I would like to make some income by renting it, but I also might use it as a home office. Do zoning regulations in Colorado allow tiny houses on wheels in residential areas?
In Colorado, as with other states, tiny houses often fall into a grey area in the law. Colorado law does not define what a “tiny house” is. For zoning purposes, depending on its characteristics, tiny houses will either meet the definition of a “dwelling” or an “RV.”
More often than not, a tiny house on wheels (“THOW”) will be classified as an RV in Colorado. Whether a THOW is legal in your backyard will depend primarily on local zoning regulations.
This article provides basic information to help stimulate your research. To fully understand how zoning regulations will impact your THOW, you need to carefully review the applicable zoning ordinance, talk to staff at your local planning department, and maybe even talk to a Colorado land use attorney.
In cases like the one you describe, where it is uncertain exactly how the tiny house will be used, the answer to your question may depend on how you plan to use the THOW. For example, in Colorado, a THOW may not be legal when used as a dwelling, but the same structure may be legal if it is used as a home office. Higher development and construction standards often apply to residential uses, so determining how you will use the THOW will help focus your research.
Colorado's local governments adopt zoning regulations and development standards that control the use of land. These regulations are often codified in “land use codes” or “zoning codes.” For example, Fort Collins’s zoning ordinance is technically titled "City of Fort Collins Land Use Code.”
Zoning is the division of land into zones or districts. Each zone has different regulations that apply to and control land development. See Building on Vacant Land: Zoning Issues You Might Face for a general explanation of zoning regulations.
To determine what zone your property is in and what uses are lawful, review the appropriate land use code. The code will typically include a zoning map that identifies the different zones throughout your jurisdiction. You can use this map to identify how your property is zoned. If after reviewing the applicable land use code and zoning map you are unsure how your property is zoned or what uses are allowed on it, talk to your local planning department.
Although the tiny house movement continues to grow, in Colorado, if a THOW is used as a permanent dwelling, it is typically illegal. Although some view THOW as a means to address affordable housing problems, because they are still relatively new and novel, THOW have not gained widespread acceptance.
You may find, as you review the applicable land use code, that a tiny house built on a foundation is legal, while a THOW is not. For example, in Walsenburg, Colorado, a tiny house built on a permanent footer or foundation may be legal despite its small floor size. A THOW is more likely to meet the definition of an RV in Walsenburg.
If the applicable land use code distinguishes between a THOW and one on a foundation, building on a permanent foundation may be your best option. For a discussion on the difference between building on a foundation or wheels, see Building a Tiny Home: Should I Put It on Wheels or on Foundation?
If you are set on building a THOW, though, all hope is not lost. Some jurisdictions may allow a THOW for residential use if certain conditions are met. For example, a THOW may be treated like a “mobile home” if it is permanently affixed to the ground, hooked up to utilities, and otherwise built to the necessary safety standards. Since zoning regulations are rarely straightforward, even if a THOW might be legal where you live, you also need to confirm the THOW can be used as an ADU in your backyard. ADUs are not lawful in every zone.
If your local government does not allow THOWs for residential use, and you want to change that, inquire about the process for amending the comprehensive plan and zoning code to make them legal. The process may be costly and time-consuming, but if there is enough political pressure, your local leaders may be willing to change the land use code to allow tiny houses.
As you do your research, you should also learn what building and safety standards will apply to its construction. For example, if you build your own THOW, you may need to self-certify that it will meet Recreational Vehicle Industry Association standards. Or, if you buy a prebuilt THOW, it may need to meet American National Safety Institutestandard 119 or manufactured home building standards. If it is not clear to you what building and safety standards apply to your intended project, contact the local building department.
Given the challenges that tiny houses pose to local governments and the lack of clear policies, it may be tempting to forgo the permitting process and just put your THOW in your backyard. This is risky. If a nosy neighbor files a complaint and a code enforcer initiates a proceeding against you, your local government may force you to remove your THOW and pay a fine.
It is a good idea to talk to a Colorado land use attorney to fully understand your legal obligations and the risks before placing a tiny house in your backyard.
]]>I want to build a tiny house in my backyard for my aging mother-in-law. My home is in an urban area in Texas. Are tiny houses legal in the Lone Star State? Does it matter whether I build my tiny house on wheels or a permanent foundation?
Ultimately, the answer to your questions will depend on where in Texas you live and, if applicable, how your property is zoned. Consequently, you will need to make a site-specific inquiry into whether your planned tiny house is lawful. This article provides some background information to help jump start that research.
Under Texas law, cities have the ability to adopt and implement zoning regulations. Texas Loc. Gov. Code Sec. 211. Interestingly, not all cities have done so. Houston, one of the country's largest metro areas, does not have formal zoning, although it does control some land development through other indirect means.
Most cities in Texas, though, have zoning regulations. You can usually find a city's zoning laws in a document titled "zoning ordinance" or "development code."
If your property is outside city limits, different regulations will apply unless you are in what is called an "extraterritorial jurisdiction" right outside city limits. In Texas, counties have relatively limited zoning authority but may indirectly control development through regulation of transportation, environment, water, waste treatment, and stormwater. (See discussion in Can I Build a Tiny House on Vacant Land in Texas?)
If zoning regulations apply to your property, a first step is to determine the applicable zoning district. In Texas, cities classify property into different zoning districts. Such districts include single-family, multi-family, agricultural, commercial, and industrial.
If you are not sure what type of district you are in, this information is usually available on a "zoning map" included with the development code. The local planning department can also help you figure out what zoning applies.
Once you identify the applicable zoning district, you will need to review the development code to determine what uses are permissible in that district. For instance, in a single-family residential zone, you will likely find single-family homes are lawful, but may find that multi-family dwellings are not. You may also find that accessory dwelling units ("ADUs") and home occupations are legal in single-family residential zones, but not recreational vehicles for permanent residence or retail stores.
Since the tiny house movement is relatively new, many development codes may not specifically reference "tiny houses." Instead, the tiny house might meet the definition of an ADU if built on a foundation, or a "recreational vehicle" or "mobile home" if built on a trailer with wheels.
The development code will also include development standards. (See Texas Loc. Gov. Code 211.003.) These standards regulate the:
As you review the development standards, you will need to consider how the standards apply to your property. Among other standards, you will need to contemplate whether:
If you find that it is legal to live in a tiny house on your property, you will likely need to submit a land use application.
For example, Austin, Texas, requires a Residential Plan Review for ADUs. As you plan for your tiny house, it is a good idea to get a copy of the application form early so you can see what your city requires. At that time, it is also a good idea to inquire about application and permit fees so you can budget accordingly.
The choice between building a tiny house on wheels and on a permanent foundation is important. Significantly, it is unlikely that a tiny house on wheels can be lawfully used as a permanent residence. Even Spur, Texas, which dubs itself "America's first 'tiny' house friendly town" requires tiny houses to be on a foundation (you can move them in on wheels, but you then have to take the axles off the trailer).
A tiny house on wheels is likely to be classified as a "recreational vehicle" ("RV") or something similar. Permanent dwelling in an RV is rarely permitted in single-family residential zones and is usually limited to an RV or mobile home park.
A tiny house built on a foundation for use as a dwelling is more likely to be lawful inside city limits than a tiny house on wheels. A tiny house built on a foundation may meet the definition of an ADU (also called a "mother-in-law suite," "granny flat," or "backyard cottage"). Accessory dwellings are not allowed in all zones (or even all cities), so review the applicable development code carefully.
Any accessory dwelling constructed on a foundation will need to be "built to code" to ensure it is safe to reside in. In short, this means construction will need to comply with the applicable building code and that you connect the tiny house to utilities (like electrical, water, and sewage) in accordance with any applicable rules.
Is important to comply with all laws and regulations that apply to the construction and development of a tiny house. If you fail to do so, the city may enforce its development code and issue fines. Even Spur, Texas (the self-proclaimed tiny house friendly town) will issue fines up to $500 if an owner does not comply with its tiny house ordinance.
Talking to someone in the local planning department is a good place to start if you have questions about what land use regulations apply. Hiring a Texas land use attorney is also an excellent idea, to make sure you comply with all laws and regulations.
]]>I live in Washington state and own a house in a residential area. I would like to build a tiny house in my backyard to rent to local college students. My plan is to build it on a foundation. Is this legal in the state of Washington?
In Washington state, zoning regulations vary between jurisdictions, so the answer to your question depends largely on where you live. However, the state has also passed legislation containing requirements for tiny houses (SB 5383).
Thus you'll need to look at more than one set of rules. This article will provide you some background information to help start your research.
(Note: Because you described a tiny house being built on-site, you don't need to worry about the Washington Labor & Industry Department's rules for tiny houses built off-site with the idea of eventually moving them.)
The Washington legislature generally seeks to encourage construction of tiny homes. For example, it stated in its new law that (with some exceptions), cities or towns can't pass ordinances directly or indirectly preventing the entry or requiring the removal of a recreational vehicle or tiny house with wheels if they're being used as a primary residence in a manufactured or mobile home community.
Of course, that doesn't apply to a single tiny house in your backyard.
The legislature also, however, passed construction standards for all houses, tiny houses included, in "Appendix Q." This sets certain standards for tiny houses (of 400 square feet or less, whether on wheels or not) that are used as places to live. The standards include, for example, minimum ceiling heights for different rooms, and require mechanical ventilation of the whole structure.
For tiny houses built on-site, on a foundation, and intended for human habitation, the state mostly leaves it to local governments to draft building codes dictating what you can and cannot construct. Such codes normally include building and safety standards related to the foundation, electrical components, insulation, egress (ways to exit the dwelling), protection from moisture, and plumbing.
Across the board, local governments in Washington adopt the International Building Code (IBC) and make any appropriate amendments. For example, the Seattle Building Code (SBC) is the IBC with adopted amendments specific to Seattle’s needs.
Local governments in Washington state usually codify their zoning controls in a development code or land use code, within their general code. For example, the city of Vancouver, Washington’s development code is in Chapter 20 of the Vancouver Municipal Code. You'll find Spokane County’s zoning code in Chapter 14 of the Spokane County Code.
If you do not already know your property's exact zoning designation, be sure to find it out. For example, your property might be in a “single-family residential” or “light industrial” zone. One way to find out is to call the local planning department. Or, check whether your local government has an interactive website allowing you to research your property. For instance, if your property is in King County, you can go to the County Assessor’s website and run a report with just your address.
The next step is to see what uses are allowed on your property based on the zoning. In a case like yours, where you plan to use the tiny house as an accessory dwelling, you will want to review the code provisions that relate to your zone (and any applicable overlay district) to see whether accessory dwelling units (or similar uses) are permitted. Sometimes detached ADUs, like a tiny house, are referred to as cottages.
You will not necessarily review the code for references to "tiny houses." Instead, focus on whether the intended use, in this case as an accessory residential dwelling, is lawful. If, for example, you planned to use it as a home office or art studio (not an ADU), the answer to whether it is lawful might differ; even though it's basically the same tiny house, identical in appearance and location.
Zoning codes in Washington also include development standards that guide development in each zone. Development standards include requirements relating to setbacks, lot coverage, height restrictions, utilities, parking, landscaping, and even lighting.
Some of these standards can make development of a tiny house difficult or impossible. If, for instance, your backyard is small, you might not be able to comply with setback requirements or be able to develop the required parking space.
On a related note, you should also review any private land use restrictions. As an example, Covenants, Conditions, and Restrictions (CC&Rs) control the development of property in subdivisions or communities governed by homeowners' association (HOAs). In fact, subdivisions sometimes have stricter development standards than local governments. If applicable, it is important to review any CC&Rs and other development restrictions carefully to see whether tiny houses are allowed.
Land use regulations can be difficult to understand if you are new to reading them. Talking to a Washington land use attorney about your case will ensure that you receive advice based on the applicable zoning ordinance for your property. Failure to comply with all applicable laws could lead to a code enforcement action and a fine, so following the rules is important.
]]>My dream is to own a second house. I cannot afford much, so I am thinking about buying a vacant lot and building a tiny house. The land will likely be in California. Does the law allow building a tiny house on a vacant lot California? Does it matter whether I build the tiny house on a permanent foundation or put it on a trailer with wheels?
In California, whether a tiny house is legal and if so, what conditions apply, can vary significantly between jurisdictions. What is legal in one city might not be legal in another city just down the highway. Determining whether you can build on any given piece of property will require some site-specific research.
The following answer provides some background information to help you jumpstart your research.
You will need to complete what lawyers like to call "due diligence" on each lot you are thinking about buying. In other words, do your research. Your due diligence will include at a bare minimum asking:
Hiring a local real estate agent to help with the vacant-lot purchase is a good idea. An agent can help you identify other areas of research that you need to complete and can refer you to other professionals, like attorneys or surveyors, when necessary.
In California, local governments control how land is put to use, through land use regulations. These regulations are codified in zoning codes (also known as “zoning ordinances” and “development codes”.) See Building on Vacant Land: Zoning Issues You Might Face for a basic explanation of zoning.
You will want to review the zoning code to learn:
Zoning codes are not always easy to understand. If after reviewing the applicable code, you remain confused or unsure about how your property is zoned and what uses are allowed on it, do not be afraid to contact the local planning department.
Unfortunately, zoning codes in California often impose restrictions that make it difficult to get approval for tiny houses. While the regulations vary, some common hurdles tiny house developers encounter include:
The California Department of Housing and Community Development (“DHCD”) issued an Information Bulletin to clarify when tiny houses may be legal to occupy. First, to be a lawful dwelling, tiny houses must be one of the following types of structures:
Second, regardless of what type of residential structure it is, the tiny house must be built to comply with certain safety standards. For example, a site-built dwelling must conform with the California Building Code (CBC). A park trailer must be built to standards promulgated by the American National Safety Institute (ANSI) and National Fire Protection Association (NFPA).
What you build your tiny house on may impact whether your tiny house is lawful on your vacant lot.
First, as the above section notes, different building and safety standards will apply. If the tiny house is built on a permanent foundation, the CBC will apply. If it is built on a trailer with wheels, it will likely meet the definition of a park trailer or recreation vehicle (“RV”) and as a result, ANSI and NFPA standards will apply.
The applicable zoning code might also impose different conditions and restrictions. For instance, a stick-built tiny house that otherwise meets development standards may be lawful on a certain lot.
However, a tiny house on wheels that meets the definition of an RV might not. Instead, the RV may qualify for only temporary residential use. It also possible that it may be lawful to occupy the RV only in a mobile home park or RV park.
Given the complications you might encounter when looking for a perfect vacant lot to put your tiny house on, it could be tempting to ignore California's zoning and building codes and just throw up a tiny house. Doing so comes with significant risks, however. All it takes is one "concerned" neighbor to file a complaint or initiate a code enforcement proceeding against you. If that happens, you could find the city or county forcing you to remove your tiny house and demanding you pay a hefty fine.
A California land use attorney can help you identify applicable laws and determine whether a tiny house would be legal on the vacant land you have in mind.
]]>I own a house in Oregon. My back yard is large enough to put a tiny house on wheels in, and I've been looking at some adorable ones online. I would like to make some income by renting it, but I also might use it as a home office. Do zoning regulations in Oregon allow tiny houses on wheels in residential areas?
How land-use laws apply to tiny houses in Oregon can be confusing. Whether a tiny house on wheels ("THOW") is legal in your back yard will depend on several factors, including your intended primary use (for example, for residential or office use), local land use regulations, and the building and safety standards applied to the construction of THOWs.
This answer provides basic information to help you jumpstart your research. To fully understand how zoning regulations will impact your intended use (a tiny house as an accessory dwelling or home office), you will need to carefully review the applicable zoning ordinance, talk to staff at your local planning department, and maybe even talk to an Oregon land use attorney.
You will need to make some sort of decision as to how you want to use the THOW (at least for now.) Despite being called tiny "houses," these structures can be put to a myriad of different uses, not just as dwellings.
Knowing how you will use your THOW is important because in Oregon, different codes and standards apply to different uses.
For example, an Oregon THOW utilized for an office or art studio might be an allowable use in a residential zone as an accessory use, whereas a THOW used as a second or accessory dwelling (such as a rental unit) might not.
Safety and building standards will also vary between land uses, because Oregon's local governments want to ensure that any building put to use as a dwelling is safe for human occupation.
Through land use regulations, usually codified in a "development code" or "zoning ordinance," Oregon's local governments adopt zoning maps and development standards that control the use of land. See Building on Vacant Land: Zoning Issues You Might Face for a general explanation of zoning regulations.
To determine the applicable zoning, as well as what your local laws allow on your property, review the appropriate zoning map and ordinance. Ideally, you'll find this on your local jurisdiction's website. If it remains unclear how your property is zoned or what uses are allowed, talk to your local planning department.
If you were planning to build your own THOW, this would also a good opportunity to learn what building and safety standards will apply to the construction. Even when planning to buy a prebuilt one, however, you will want to confirm that it meets the safety standards imposed by your local government.
Using Portland, Oregon, as an example, what you will find in the zoning ordinance is that accessory dwelling units are lawful in all residential zones. The term "accessory dwelling unit" includes tiny houses that meet the development standards. Relevant development standards require the tiny house to:
Note, though, that a strict reading of the Portland Zoning Code precludes tiny houses on wheels, since you cannot build one in compliance with the Oregon Structural Specialty Code (which does not allow trailers or wheels as a foundation).
When used as a dwelling in a residential zone as an accessory dwelling, tiny houses on wheels are typically illegal in Oregon. You might encounter exceptions that allow camping or like use, but even then, the overnight use of a THOW is usually limited. Using a THOW as a home office or art studio is more likely to be legal because those uses don't invoke the same construction standards as a residential dwelling. Such uses also do not invoke concerns about overcrowding and unwanted traffic.
Many view THOW as a means to address affordable housing problems. However, because they are still relatively new and novel, THOW have not gained widespread acceptance in Oregon.
If your local government does not allow tiny houses on wheels for residential use, and you want to change that, inquire about the process for amending the comprehensive plan and zoning code to allow THOW. The process might be costly and time-consuming, but with enough political pressure, your local leaders might be persuaded to change community land use regulations to allow tiny houses.
Given the challenges tiny houses pose to local governments and the lack of clear policies, it might be tempting to forgo the permitting process and just put a THOW in your backyard.
This is risky. If a cranky neighbor files a complaint or a noise code enforcer initiates a proceeding against you, you could end up having to remove your THOW and pay a fine. It's a good idea to talk to a land use attorney to fully understand your legal obligations and the risks before making such a decision.
]]>Whether California law will allow a tiny house on wheels ("THOW") in your back yard will depend on several factors. These include what the primary use of the tiny house is, local policies and regulations of tiny houses, and the building and safety standards that apply to the construction of a THOW.
When trying to determine whether a tiny house is compatible with local land use laws, one of the first things to look at is the THOW's primary use. Despite being called a "tiny house," people use structures such as these for a number different reasons. Some people use THOWs for residential purposes or art studios, while others might use them for storage, home offices, or playrooms.
Identifying the primary use is important because different regulations apply to different uses. It is not necessarily the building or structure itself that determines whether a certain land use is lawful, but instead how that building or structure is put to use.
For example, a small retail jewelry store located in a tiny house, which leads to additional traffic and less parking in a residential neighborhood, will probably not be legal. Regulations also vary between uses for health and safety reasons. In California, to protect the human inhabitants, a THOW built for residential use will have to be built to higher standards than a tiny house used for storage.
If you elect to use your THOW for something that involves lower standards now, such as an art studio, but then use it for residential purposes later, you will likely need to apply for a change of use with your local planning department. Through that process, your local government will confirm that the tiny house meets the higher safety standards (see below) it imposes for residential use.
Although local regulations will have the most direct impact on your building plans, the first thing to be aware of is state law concerning accessory dwelling units (ADUs), of which tiny houses on wheels can (depending on local regulation) be considered a subset. If you take the wheels off your house, it's definitely an ADU.
This portion of the law mostly tells local governments what they can and can't do within their regulations. (See Cal. Govt. Code § 65850 - 65863.13.) For example, it sets a maximum application review time at 60 days, and says the size of the ADU can't be restricted to less than 850 square feet or 1,000 square feet if it contains more than one bedroom.
Once you settle on how you plan to use the tiny house, the next inquiry is whether local zoning regulations will permit that use. You will need to review your local zoning code (sometimes titled a "development code" or "zoning ordinance"). This should spell out what uses are allowed in what zones.
For instance, if your property is in a typical California residential zone, lawful uses will include single-family dwellings and home occupations. The zoning code will also include development standards, like:
The zoning code may also include relevant definitions, like "tiny house" and "accessory use." It is important to review and understand the applicable zoning code as it applies to your proposal. Staff at the local planning department are usually happy to answer questions about the code.
In California, cities and counties implement and adopt their own zoning codes. As long as a zoning code does not violate federal or state law, local governments are generally free to adopt reasonable time, place, and manner restrictions on the use of land, including regulations concerning tiny houses.
This means THOWs are treated differently from town to town. In San Jose, for example, one THOW is allowed per lot, if it's located in the rear yard and meets various setback and other requirements. In Los Angeles, THOWs are allowed as an ADU as of December 2019.
In California, THOWs are also subject to safety standards adopted by the American National Standards Institute ("ANSI").
Anybody can purchase the ANSI standards online. However, merely building to ANSI standards might not be enough, as you will likely have to certify somehow that your THOW meets these standards. With a stick-built house, the local building department sends a local code inspector out throughout the construction process to confirm critical house components, like plumbing, electrical, and framing, meet code standards.
If you plan to build a THOW yourself, talk to your local government about what certification requirements will apply. Alternatively, you can buy a prebuilt or custom tiny house from a professional builder that certifies that its THOWs meet ANSI standards.
Some tiny house owners skip the land use permitting process and just put the tiny house on their property. Or there might be loopholes in the process that some try to jump through.
If you fail to get the necessary approvals up front, though, you could face fines and a code enforcement action later. Before taking any shortcuts, or skipping the permitting process entirely, talk to a land use attorney licensed in California to help make sure your THOW is lawful.
]]>Permanent foundations come in several forms, including concrete slabs, concrete footings (sometimes with a basement or crawlspace), or even wood pilings. These can come in different shapes and sizes and afford the builder a lot of design flexibility. On the other hand, using a trailer restricts the design to the dimensions of the trailer, with no option for a basement or crawlspace. In addition to design flexibility, use of a permanent foundation allows for traditional utility hookups. A tiny house on wheels will have RV hookups.
Another advantage of a permanent foundation is that it has a better chance of being approved for residential use. Permanent foundations are more likely to withstand a natural disaster and generally have longer life spans than temporary foundations.
On the flip side, tiny houses on wheels are often considered recreational vehicles (“RVs”). As a result, if a tiny house on wheels can legally be slept in at all, generally it can only be used for camping on a temporary basis. That said, it is unlawful to use a tiny house as a dwelling in many areas, regardless of what foundation type is used. Check with local building officials before beginning construction.
There are also disadvantages to a permanent foundation. For one, if you decide to move, you cannot take the tiny house with you, since it will be attached to the land it is built on. Permanent foundations can also be expensive. The price will depend on the amount of excavation and masonry work required.
In addition to construction costs, you might also have to buy the land, which can be expensive. A landowner might let you rent space upon which to build a permanent tiny house, but doing so is risky, because the land owner could sell the property at some point, or require you to move off the land. In such cases, you could lose your tiny house.
The primary benefit of building your tiny house on a trailer is mobility. If you want to move it, a tiny house on wheels can be relocated. Keep in mind, though, moving a tiny house is not as easy as hooking up a small utility trailer to make quick trip to the dump. There will be utilities to disconnect, and exterior and interior features that will need to be secured for safe transport. And, depending on the size of the tiny house, special travel permits might be required.
Another benefit to building on a trailer is that a tiny house on wheels is not, in most locations, going to be subject to a building code. This is because it is not legally considered a structure. While this might help you fly under the radar, it does not necessarily make your tiny house lawful. Whether it is lawful will also depend on how the tiny house is used.
Many zoning ordinances require a permit for certain uses. For example, a residential dwelling might have to be a certain minimum square footage (900 square feet, for example) to be permitted. On the flip side, a personal art studio might not require a permit under the applicable zoning ordinance. In that case, building on a trailer with wheels to avoid having to get a building permit could be advantageous. This is one reason that knowing your intended use before building is important.
While some might consider the legal grey area tiny houses on wheels fall into a good thing, for those not willing to break the law (or engage in an act of civil disobedience, depending on your view), it can be a disadvantage. For many, the threat of a code enforcement action might not warrant the risk.
A tiny house on wheels is likely to be considered an RV in many jurisdictions. In some locations, you might be able to camp in an RV, but even then the number of nights it can be slept in might be limited. Moreover, some jurisdictions require any RV used for camping or sleeping to be certified by the Recreation Vehicle Industry Association ("RVIA"). This means the tiny house will have to be built to RVIA standards and then be inspected for compliance. So while you might circumvent the building code, you could be stepping into an even more complicated set of standards that must be complied with.
Another disadvantage has to do with design options. Although the type of trailer and size of the trailer can vary, a tiny house built on a trailer will typically be constructed so that it can lawfully be towed on a highway without a special travel permit.
Given the myriad of factors that could influence where you locate your tiny house, it would be helpful to talk to local tiny-house experts, including other tiny-home owners and tiny-house builders, to gain insight about building in your area.
]]>The answer will depend on a number of factors, including:
As you analyze whether a mobile home is a good investment for you, here are details on how to evaluate and balance these and other factors.
Mobile homes placed in mobile home parks typically decrease in value over time. On the other hand, land normally appreciates over time. So, if you own land and build a traditional home or, in some cases even place a mobile home on the land, the value will normally appreciate.
On the other hand, since mobile homes in mobile home parks usually depreciate in value (because they get older, and are hard to move), you might not be able to sell your mobile home for as much as you bought it.
Depreciation can be particularly troubling if you have to borrow money to fund the purchase of the mobile home, because the home could end up worth less than the outstanding balance on the loan. Also, while financing options exist to purchase mobile homes, you should expect to pay a higher interest rate and have a shorter repayment term than you would with a traditional 30-year mortgage on a stick built home.
Another unique issue mobile home owners face is reselling the home. Despite what the name implies, “mobile” homes are not all that mobile. Once placed in a mobile home park and hooked up to utilities, mobile homes are not easy to move. In fact, such a move can cost thousands of dollars. This can make them difficult to resell, since a buyer might have to commit to living in the same mobile home park you live in.
Unlike an apartment, you will be responsible for maintaining and repairing your mobile home. That means if the dishwasher goes out, or there is a leak in the roof, you will be on the hook for any related expenses. You will also need to insure the mobile home at your expense.
Of course there are some benefits to buying a mobile home. For one, they are affordable at the outset. Even with rent in a mobile home park, a mobile home might indeed cost less than an apartment per month.
Mobile homes built after 1976 have been subject to standards enforced by the U.S. Department of Housing and Urban Development (“HUD”), so that the quality of construction is often very good. One of HUD’s stated goals is to ensure that mobile homes are durable. As a result, you might find an affordable mobile home that will last you a long time.
And although mobile homes go down in value and can be difficult to sell, a mobile home is an asset that you can sell when you are ready to move (unlike an apartment you rent). In other words, it is possible that you end up with some equity in the mobile home, so that when you go to sell it, you will receive some cash in exchange.
If homeownership and a yard is your primary concern, a mobile home could be a smart purchase. Still, you'll want to weigh the pluses and minuses, and take a hard look at your financial goals, before deciding to purchase a mobile home.
To make sure a mobile home is consistent with your financial goals, talk to a financial adviser. A lawyer can also help answer your questions and review purchase and lease agreements so as to close the sale smoothly and protect your interests in the event of later disputes.
]]>Mobile homes, also known as “manufactured homes," are built in a factory and placed on a trailer chassis to allow them to be moved. Mobile homes are sometimes placed in a mobile home park or on leased land. In these cases, the owner rents a space or leases land, but owns the mobile home itself.
Alternatively, mobile home owners can place mobile homes on land they own or are buying under contract.
One advantage that mobile homes offer is that they're often a lower-cost option to having a stick-built home custom built for you. In this regard, mobile homes can make homeownership easier to achieve. And since mobile homes usually cost less per square foot than stick-built homes, you can get more space for your money.
There are some stick-built home builders that have standard floor plans and options that allows them to build homes for prices similar to mobile homes. If you prefer a stick-built home, you might look into whether such a builder is in your area, and compare the quality of construction with a newer mobile home.
Another advantage you might find with mobile homes is flexibility. Since mobile homes are usually more affordable than stick-built homes and only semi-permanent, if you own land, you can place a mobile home on it now and remove it in the future (though removal isn't as easy as it sounds, given the plumbing and other attachments). This might be an option if you are uncertain of whether you want to own the land long term, do not want to commit to a stick-built home now, or cannot afford a stick-built home right now.
Although mobile homes are not easily moved once set up, they are easier to move than a stick-built home. Once a stick-built home is built, it is more or less there permanently (or at least until a natural disaster occurs or someone undertakes a demolition project).
An additional advantage mobile homes offer is that they are usually built in controlled environments. This means they can be consistently built to a high standard. And because they are manufactured in such conditions, construction delays due to weather or difficulty scheduling subcontractors are less likely.
A disadvantage of buying a mobile home is that its value will depreciate quickly. Like a new car, once a mobile home leaves the factory, it quickly drops in value. Stick-built homes, on the other hand, normally appreciate in value over time because the stick-built home owner almost always owns the underlying land.
A person who owns both the land and the mobile home might see the value of the combined property increase over time, but that is likely the result of the underlying land increasing in value, not the mobile home.
One reason mobile homes depreciate in value is because they are considered personal property, not real property. “Real property” is defined as land and anything attached to it permanently. Anything that can be removed without “injury” to the land is not real property. Personal property, on the other hand, is anything that is movable and not classified as real property. Even though mobile homes are not easily removed from land once placed, they are still considered personal property (although in many locations a person who owns both the mobile home and underlying land can convert the mobile home to real property by taking some affirmative steps). On the other hand, stick-built homes are considered part of the real property.
A related disadvantage is that mobile homes, because they are personal property, are usually more expensive to finance. Personal property loans, sometimes called “chattel loans,” usually come with higher interest rates and shorter terms than mortgage loans.
Additional disadvantages to mobile homes have to do with them typically being located in a mobile home park. Despite "owning" your actual home, you will still have a landlord, to whom you will have to pay rent and answer to for your compliance with park rules. The landlord might at some point decide to evict you, in which case you'll be faced with either moving or selling your mobile home.
Mobile homes are not easy to resell, especially when located in a mobile home park. Because they are relatively immobile after being set up, unless the buyer wants to keep the mobile home where it is, finding a buyer can be a challenge. It can cost several thousand dollars to move a mobile home.
This might not be a disadvantage, though, if the mobile home and land are sold together, just like a stick-built house. However, despite significant advances in the quality of mobile home construction, there is still a stigma attached to mobile home ownership that could turn some buyers off.
A final disadvantage is that, unlike stick-built homes, which are built on permanent foundations, mobile homes are usually placed on temporary foundations. During a natural disaster, like an earthquake or severe storm, mobile homes can be more prone to damage.
To sum up, modern mobile homes can provide a quality, cost-effective alternative to a stick-built home. However, they have some disadvantages to stick built homes that you need to consider. Factors to consider, such as costs, laws that impact mobile home value, and low cost stick-built alternatives vary from region to region, so be sure to do your research.
]]>Often defined as a house that is 80 to 400 square feet, and built either on a traditional house foundation or on a trailer bed (with or without wheels), tiny houses have grown rapidly in popularity. Although a uniform set of building standards has been developed that applies to the construction of these miniature houses, not all municipalities have adopted them. (The uniform standard is called "Appendix Q.")
Accordingly, in some cases, depending on a number of factors including size of the tiny house and its location, a building permit might not be required.
If the intent is for the tiny house to be occupied, though, in most all cases the local building code will apply. Building codes (as well as Appendix Q) impose certain safety and construction standards to make sure structures are safe for occupancy.
For example, your area's building codes might impose minimum standards for the installation of electrical components in a house to make sure those components are safe and not a fire or electrocution hazard. The concern about making sure a house is safe for occupancy remains even when the house is a tiny house.
Depending on the location and type of the tiny house, a different safety standard might apply. For example, if the tiny house is built on wheels, the local jurisdiction could require that it comply with the same safety standards that apply to recreational vehicles.
A good next step is to contact your local building department to inquire about the zoning, standards, and what permits you must obtain. A building official can help determine what, if any, construction standards apply to your proposed tiny house.
Unfortunately, complying with building codes that aren't tailored to tiny houses can be difficult. For example, you might encounter a building code that requires at least one room of 120 square feet. That can be difficult to accommodate in a tiny house.
A contractor who is familiar with the applicable building code and the issues facing tiny-home builders can be a valuable resource. Tiny houses have their own complications, including how to get all that stuff into a such a small place. An expert can help avoid pitfalls with both the permitting and construction processes.
You also might seek out other tiny-house owners in your area, since they will hopefully be familiar with the applicable building code.
Some property owners might be hesitant to contact the planning or building department in fear that it will increase building costs and alert the local jurisdiction that they will be building a tiny house. Attempting to conceal one's activities is, however, a risky choice. If a neighbor complains to authorities about the tiny house, you might have to remove the tiny house and pay fines.
If unsure of what your legal obligations are, contact a land use attorney in your area.
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